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State warned to watch its step on expropriation of foreign-owned property

The EFF wants total land expropriation while the ANC seems more in favour of a case-by-case approach

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30 July 2018 - 05:07 Bekezela Phakathi

Expropriation of foreign-owned property without compensation constitutes a violation of SA’s international law and a number of treaties to which the country is a party, legal experts warned.
The co-chairperson of the Joint Constitutional Review Committee, Vincent Smith, said on Sunday this concern was something his committee would have to consider "seriously" when making its final recommendations to Parliament.
According to Peter Leon, Hannah Ambrose, and Ernst Müller of international law firm Herbert Smith Freehills, it is an accepted principle of international law that a country cannot simply implement domestic legislation while avoiding its international law obligations.
In February, in a move that spooked investors, Parliament voted in favour of an EFF motion for land expropriation without compensation. The constitutional review committee was instructed to review section 25 of the Constitution and other property clauses and report back to Parliament in August.
The EFF appears to...

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